In New Mexico we’re rightfully proud of our great outdoors, so it was a smart move in 2019 when lawmakers passed a bipartisan bill to create the Outdoor Recreation Division. They believed it was another way to diversify the economy.
“This is a great move to support an industry that’s already here – tourism,” said then-Sen. William Burt, R- Alamogordo. “I think it will be a big success.”
The governor stood up the new division within the Economic Development Department. Its mission is “growing and championing the outdoor recreation economy, which we recognize as an immensely powerful engine to grow wealth and job opportunities in our state,” says the division’s website.
Outdoor recreation has been a stellar success that added $3.6 billion to the state’s economy and supported 31,454 jobs in 2024. That year, according to federal data, the industry added 2,272 new jobs.
Hunting was among the fastest growing activities, and now this segment of the outdoor recreation industry is threatened.
State Attorney General Raúl Torrez recently issued an opinion that the state’s practice of reserving 10% of New Mexico hunting licenses, or tags, for the customers of private outfitters is unconstitutional. It unfairly benefits wealthy, out-of-state hunters over local residents who hunt to feed their families, he argues.
The Legislature in 2012 provide a 10% set-aside of yearly hunting licenses for people who engage professional outfitters. Another 6% of tags go to nonresidents who don’t employ outfitters.
In April, 18 Democratic lawmakers complained to Torrez that the outfitter rule was unfair to New Mexico hunters and asked him to issue an opinion. “We know of no other state that confers such a benefit to private outfitters and to hunters who can pay the fees that outfitters charge – ultimately creating a system where those with the greatest wealth from across the country have a better chance of hunting New Mexico’s public lands than average New Mexicans,” they wrote.
Torrez noted that competition for tags is intense, especially for elk. In last year’s hunting season, for example, more than 102,000 people applied for elk tags and the Wildlife Department chose about one in five, reported Source NM. He concluded that it violates the state’s Anti-Donation Clause, which prohibits state and local governments from financially helping private parties.
Rep. Nathan Small, D-Las Cruces, led the letter-writing campaign. Small was also a primary sponsor of the bill in 2019 that created the Outdoor Recreation Division. Six other signers of the letter to Torres also signed on to the outdoor division bill. Do they not understand that hunting outfitters are part of the outdoor industry they claimed to support? Or that they need that set-aside to stay in business?
I get the importance of hunting licenses in rural New Mexico. An elk in the freezer makes a nice dent in your grocery bill. And the meat doesn’t just stay in one freezer; it’s handed along to family members and people in need. I’ve been the recipient of neighbors’ generosity during hunting season.
But hunting outfitters are important to the state’s outdoor industry. What about the promise legislators and the state made to them in 2019?
The New Mexico Council of Outfitters and Guides fired back. In a 2024 study, a reputable outdoor research and economics consultant found that New Mexico hosted more than 16,000 guided nonresident hunters and 26,000 guided nonresident anglers in 2023. They spent $232 million on guides, gear, travel, and other goods and services in New Mexico and supported 8,700 jobs. “(I)f guided nonresident hunters and anglers stopped visiting New Mexico, the state’s economy would shrink by $221 million.”
Pull those tags and you pull the plug on these small businesses.
The council “strongly rejected” the AG opinion, saying he “erroneously concludes” the 10% pool violates the Anti-Donation Clause. “The opinion is not a neutral legal analysis; rather, it is a transparent, politically motivated attempt to coerce the Legislature,” the council stated. The outfitter pool is a “vital economic driver, and not an unconstitutional ‘donation.’”
A legal standoff is shaping up. Torrez said if lawmakers don’t act, he might resort to the courts.
The Council of Outfitters and Guides responded in kind. Their statement, written in heavy legalese, indicates the AG can expect a fight in the next legislative session, and they may also go to court. Their strident response is to be expected when you threaten somebody’s livelihood.
Between now and January, cooler heads need to work on a compromise.
Sherry Robinson is a longtime New Mexico reporter and editor. She has worked in Grants, Gallup, the Albuquerque Journal, New Mexico Business Weekly and Albuquerque Tribune. She is the author of four books. Her columns won first place in 2024 from New Mexico Press Women.
